Acórdão nº 001002 de Supremo Tribunal Administrativo (Portugal), 05 de Junho de 1985
Magistrado Responsável | MELO FRANCO |
Data da Resolução | 05 de Junho de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MOREIRA DA SILVA IN DIR E DEVERES DOS SUJEITOS DA RELAÇÃO INDIVIDUAL DE TRAB PÁG27.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: DL 372-A/75 DE 1975/07/16 ART25 N1 C. LCT69 ART21 N1 S ART22 N1 N2 ART23. CPC67 ART456 N2.
Jurisprudência Nacional: AC STA DE 1974/01/22 IN BINTP N29 ANO1974 PÁG1965. AC STJ PROC514 DE 1983/10/28. AC STJ PROC699 DE 1984/06/01.
Sumário : I - A atribuição ao trabalhador de dada categoria profissional ou a determinação das funções que este se comprometeu desempenhar de harmonia com o seu contrato de trabalho, é da maior importância visto que assim se fixa o objecto do contrato de trabalho que só com o acordo de ambas as partes poderá vir a ser alterado. II - Uma vez estabelecida a categoria profissional esta condiciona a posição jurídica do trabalhador na empresa para todos os efeitos, incluindo os da sua promoção, passando a gozar da respectiva protecção legal e convencional. III - O "jus variandi" destina-se apenas a cobrir eventuais necessidades de trabalho transitório e não a preencher postos de trabalho com trabalhadores...
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